Kerala public service special rules uploaded by t.j joseph,deputy tahsildar, kottayam.

1. Special Rules
Article 309
Article 309 of the Constitution empowers the appropriate Legislatures to
regulate the recruitment and the conditions of service of persons
appointed to public services. By virtue of the power vested by this article,
various sets of rules have been framed by the Union and the States
regulating the conduct of civil servants.
KS & SSR
Kerala State & Subordinate Service Rules (KS &SSR) 1958 framed by
invoking the above provision of the Constitution. Kerala public Services
Act 1968 proclaimed on 17-9-1968 is the relevant act. Part I of KS & SSR
contains the definitions relating to the Rule and Part II contains the
general rules. Part III of KS & SSR is called Special Rules for any
particular service or class of service.
Subordinate Legislation
The enactments contain sections, which empower the executive to
formulate statutory rules. The rules and orders framed in exercise of
these powers are termed as Subordinate Legislation. The executive
derives powers from provisions of the concerned Act of Parliament or
state enactments to issue such statutory rules and notifications. Thus
Rules can be framed by invoking the provisions contained in an Act. The
executive derives powers from the provisions of the concerned Act of
Parliament or State enactments to such statutory rules and notification.
Framing of rules by invoking these provisions are called Subordinate
Legislation. Here Special Rules as Part III of KS & SSR are framed in
exercise of the powers contained in the Kerala Public Services Act 1968.
[Para 240 of Secretariat Manual]
Special Rules
Part III of KS & SSR (Special Rules) is applicable only to that particular
service. They specify on qualification, method of recruitment,
appointment, duration of probation, training and tests to be passed
during probation or promotion in each service category or class of
service. In case repugnancy between the provisions of Special Rules and
General Rules, the provisions in the Special Rules will prevail. [Rule 2
(16)]
If Special Rules are not prescribed, executive orders issued in this regard
will prevail.
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2. Service
"Service" means a group of persons classified by the State Government as
a State or Subordinate Service as the case may be. As per Rule 6 of the
Kerala Civil Services (Classification, Control & Appeal) 1960 employees
are classified under State service and Subordinate service. State services
are included in Rule 7 and Subordinate service in Rule 8. Last Grade
Services and Part time Contingent services are part of Subordinate
service.
Note.- Where the context so requires "service" means the period during
which a person holds a post or a lien on a post or is a member of a
service as above defined.
Notification features
Modifications to the Special Rules or framing of Special Rules are made
by issuing amendment to KS & SSR. Notifications are usually issued as
SRO (Statutory Rules & Order) number maintained by the Government
press. [Para 248 of Secretariat Manual] As per rule all notifications have
to be place before the Legislative Assembly. SRO numbers are used to
cross verify that all the notifications have been received in the Legislature
Secretariat. Placing Special Rules before the Subject Committees are to
ensure the control of Subordinate Legislation. [Para 242 of Secretariat
Manual]
'Short title and commencement' is the next subheading intended for
giving the title of the rules and the date of effect of the rules. The
'Constitution' section describes the categories of posts coming under that
rule. Explanations, if any required in respect of the categories can be
given after the constitution portion. The next subheading is the
appointment portion that describes the method of appointment in
respect of each category. Additional information, if any required under
this area can be given as "Note#".
Other items in the notification are Appointing Authority, Qualifications,
Probation period, Age limits, Tests if any, Reservations and Exemptions if
any. The last portion is the Explanatory Note for clarifying the purpose of
issue of the notification.
2.2 Definitions
Sometimes it may be necessary to define the words used in the
notification. A Definition section can be included in the notification after
the 'Short title and commencement' heading.
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3. 2.3 Method of appointment
This portion actually describes the method of appointment to be followed
in respect of a particular category of post. Method of appointment may be
either one item or more. If the methods are more than one it is necessary
to specify the ratio with which the posts have to be filled up through each
method. Unless otherwise specified, the precedence for appointment is
the order in which they are narrated in the Special Rules. Any additional
directions to be complied while preparing recruitment list can be given as
Note# under each item.
2.4 Qualifications
Against each method of appointment it is necessary to prescribe the
qualifications to be possessed by the candidates. Experience, if any
required for the appointment may also be indicated in this area. Any
clarification required in respect of qualification can be given as 'Note'.
2.5 Other conditions
Other conditions include Appointing Authority, Probation period, Age
limits, Tests if any, Reservations and Exemptions if any. Appointing
authority is the authority authorized to make the appointments.
Probation period and age limits may also be included in notification
formats. If tests are mandatory the same can be included. Reservation
category and any exemptions from the specified rules may also be
included in notifications.
2.6 Explanatory Note
Suitable explanations or purpose of issue of the notification is necessary
to be included in notifications to get more clarity in the matter.
2.7 Procedure for framing Special Rules
Formulation of Special Rules starts from the department where it is going
to be implemented. The departments prepare the draft rules with
reference to the existing procedures, qualifications and experience in
respect of all the posts or selected posts. If necessary, have discussions
with the representatives of the employees. The final draft Special Rules
approved by the Head of the Department forwarded to Government, in
the respective Department in Secretariat. The note for the Subject
Committee should contain full particulars of the case. [Para 245 of
Secretariat Manual]
At the Secretariat level the concerned department prepares the draft
Special Rules. The detailed procedure for framing Special Rules dealt
with in Circular No.1140/R1/2004/P&ARD dated. 21-2-2004 and
included as Appendix.
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4. Placing proposal before the Subject committee is a time consuming
process. When there is an exigency of a given situation so require, and
immediate action is called for in the public interest, a rule or rules may
be issued in exercise of the powers conferred under a statute without
placing the rule or rules before the Subject committee. When such rule
or rules are so issued, it should be simultaneously transmitted to the
appropriate Subject Committee together with an explanation as to the
reason, which necessitated the issue thereof without prior scrutiny by
the Committee. [Para 243 of Secretariat Manual]
2.8 Finality of the Notification
The notifications issued under various statutes become final only when
the statutory limit fixed for tabling of the notification before the
Legislature is over. Suggestions or recommendations if any,
communicated by the Legislature should be processed and the
notifications revised on its basis. Till the statutory time limit of laying the
notifications is over, and no suggestion or recommendations is received
on its basis the statutory rules remain transitory. But the notification
take effect and legal consequences follow with effect from the date
specified in the notification itself or in its absence from the date of issue.
[Para 252 of Secretariat Manual]
G.Jose
Associate Fellow
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5. Appendix
GOVERNMENT OF KERALA
Personnel and Administrative Reforms (Rules) Department
CIRCULAR
No.1140/R1/2004/P&ARD Dated, Thiruvananthapuram, 21st February, 2004
Sub:-- Special Rules – Simplified procedure for framing and issuing
Special Rules – Consolidated instructions issued.
Ref:-- 1. Circular memorandum No. 12438/R1/89/P&ARD dated 1-12-1990.
2. G.O. (Ms.) No. 5/98/GAD date 7-1-1998 issued as SRO No. 15/1998.
3. Circular Memorandum No. 2519/R1/98/P&ARD dated 7-5-1998.
4. G.O. (Ms.) No. 1/2002/GAD dated 1-1-2002, issued as SRO No.
1/2002.
5. Circular Memorandum No. 19927/R1/2002/P&ARD dated 4-6-2003.
This consolidated and self-contained circular detailing the present
simplified procedure for framing and issuing special rules is issued to
facilitate easy and ready reference by codifying the modifications and
amendments made from time to time as per the circulars and orders
cited supra.
2. As per the G.O. cited (2) above, Government have amended Part
II of the Rules of Business and entrusted the subject of framing and
issuing of Special Rules to the Administrative Department concerned in
respect of the Departments which come under its administrative control.
As per the G.O. cited (4) above, the requirement of placing the Special
Rules before the Council of Ministers for approval has also been
dispensed with. Thus the procedure for framing and issuing Special
Rules has been substantially simplified and can be handled entirely by
the Administrative Department.
3. The following is the step by step procedure to be followed in
regard to the framing and issue of Special Rules.
i. The Administrative Department will prepare the draft Special
Rules in consultation with or on receipt of proposals from the
Head of Department.
ii. The next step is to discuss the draft Special Rules with the
representatives of the common service organizations and other
recognized service organizations, if any, in the department, at a
conference to which a representative of the Personnel and
Administrative Reforms Department will also be invite. The
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6. intimation regarding the discussion along with the draft rules
should be sent to the P&ARD and the representatives of the
service organizations concerned fifteen days before the proposed
discussion so as to enable them to come prepared.
iii. The draft rules will then be placed before a committee
consisting of the following:- (1) The Secretary of the
Administrative Department (Chairman and Convener), (2)
Secretary, P&ARD or his representative, (3) Law Secretary or his
representative, (4) Head of the Department. The Secretary of the
Administrative Department may co-opt anybody else, if
required. The Administrative Department will send a copy of the
draft Special Rules to the members of the committee at least
fifteen days before the proposed meeting to provide sufficient
time for scrutiny. The representatives of the Personnel and
Administrative Reforms Departments and Law Department will
then offer the views of their departments in the meeting itself.
(The file need not be referred again to those departments).
iv. The Administrative Department should then refer the proposal
to the Kerala Public Service Commission for advice. After
considering the advice of the Kerala Public Service Commission,
the Administrative Department will finalize the draft Special
Rules.
v. The Administrative Department will then send the draft Special
Rules to the concerned Subject Committee for consideration.
After considering the recommendation, if any, of the Subject
Committee, the Administrative Department will finalize the
Special Rules. In the case of special urgency like court time-
limit etc. the alternative procedure of issuing the Special Rules
and simultaneously transmitting a copy of the same to the
Subject Committee can be followed.
vi. The finalized draft Special Rules will then be approved and
issued as an S.R.O notification in the Gazette.
Dr.M.VIJAYANUNNI.
Principal Secretary to Government
To
All Principal Secretaries/ Secretaries
All Departments (All sections) of the Secretariat including Law Department
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